The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-06
GEORGE R. BLANCHARD
WRITES A LETTER TO THE NEW
YORK "TIAESr
In which He Points Out the DIM
eultles Of Establishing an Inter-
state Commerce Law.

Conservative railway managers aRrel
that it should prohibit discriminating
pre fevences and unreasonable rates
and require publicity and adequate
legal penalties. This entities theil
grounds OF Dissent from its long ant
short haul and anti-pooling provisions
to fair consideration. II Is imprsctiCabl'
10 solve this complex problem by ont
(and our firsD law on the subject
when in thirty Yeas insular England
without state lines or adjacent nations
10 confuse or interni sea and rivers tC
restrict rates, passed and repealed 3DC
railway measures, more or less OF them
involving the principles OF this bill
The length of haul problem has SINH
lafly perplexed all the countries where
solution is easier than with us. In
none OF them has 1t to this date been
70 striDgently solved as now pro.
posed, and In some it is yet unde'
termined. It's solution cannot be
easiett in a country Offering
the greatest mileage and oomplica-
tons which increase in geometTical
ratio. This clause recognizes that it
will result in wrongs, as witness the
proviso authorizing the Commission to
licerse exceptions. 1t ignores the TACT
that Lhe warning power alone has In all
the States having railway commissions
proved efficient TO correct real evils.
The greet carrying wrongs alleged be-
fore the Hepburn Committee ia this
State have all been silently corrected
without legislation as 10 length OF
haul by the almost unexercised police
power OF the State Commission.
Given as fair and accessible. national
commission with due power and dis.
cretion, reporting annually to Con-
Rrets and an interested public watch
Ing and pres enting it's grievances, and
particularly in view OF the anti-Corpo.
rate sentiment of Congress, tho rail-
ways would even more promptly cor
rect unjustifable rates and carrying
conditions In regsrd to tho pooling,
which the bill prohibits, Mr.. Blan-
ohard Gays: / object TO the term pool,
but must use it, The under
lying motive Ct this prohibit
ton is that II railways can
be legally stimulated 10 dIsunited
strife by denying them them the right
OF cooperation, The public will benefit.
No more superficial view could pre-
vail, and II is clearly political rather
than practical. Conceded that all in
terstate rates shall be reasonable, uni
form, non preferential, public, long
and short hRul5, properly related, and
that q national commission enforce all
this and with due remedies at law
punish viola.oTs. ThOn the public
should welcome rather than resist all
supplementary voluntary railway &C.
ton intended to aid precisely those
good objects, ss every pool does. Ri
val rates must be made by some form
OF agreement bstween rival carriers,
and agreement is equally necessary to
thereafter maintain them. Otherwise
each company will make its Wn rates,
which is discrimination, and their
non.sgreed changes will produce mora
Determinations. Moreover, shippers
must know their rates before they
ship, bat railways need not. This
fact and the publicity required also
ne csssitate agreement. Otherwise
the chaos which some reform
ers call competition. II the gov
eminent owned every railway in the
Union it would be required to make
annual rates under equal conditions,
as they do equal customs and postage
dues. II would also require an or
ganization of "pool" to maintain its
equal rates OF transportation, as 1t now
requires custom house pool" and
\ ,postofios pool" the terms being
used respectfully. Then some form
Of equitable tonnage distribution
would also be ESSENTIAL, otherwise
one railway or system or district or
city would over carry, and TO change
this by this diversion or restriction
would be pooling" The States hays
not been able alone to regulate this
great question, hence the present &C
ton by the general government.
Widely separated and IS independent
ly chartered common carriers have
not, for similar reasons, been able to
regulate IL without a iust railway fed
Grafton, which the government would
adopt and strengthen and not ab8n-
don, II II owned and OPERATED them.
Whatever rates arc unreasonable the
law and Commission should reduce to
reasonablentss, but thereafter
the same reasonable rates can
and should and will exist, with OF
without pools Assume again that the
pools were thus abolished. II would
be clear corporate duty and pub ic
need that the railway promptly de-
wise some other legal machinery by
agreement or dividing tonnage instead
OF money, to make, preserve and
maintain the same reasonableness aud
uniformity OF charge and equality Of
method and facility. If, therefore,
rates be reasonable, it has never been
shown what proper public int rest
attaches TO the mere methods by
which they are made or maintained,
or the tonnage or revenues derived
theTeirom are divided between the
several first carriers any more than
among their second connections.
There ia no testimony that can prove
that legal rates are wrong OF extor.
tionate, or can do harm Rimply be.
cause administered nv a pool. Clearly
1t is better for New York City il all its
great westward railways combine as
one In a pool to charge duly one rea-
sonable rate for all the like traffic OF all
its merchandise II they were one frm,
than to have the separated railways
and various merchants scTambling FOL
the strongest combination Of both and
the lowest rates for all. This bill only
requires that each company or route
shall charge the same rate 20 all. l
therefore stops far short OF what Il
should reqeire, or at least leealEe
that all com panles between the sam,
points charge the same rates. In thi
broad mercantile aspect the pool Il
juster than the law, because If tn,
eight railways from Chicago eastward
ly make eight different rates TO New
York the result upon the Commerc,
of both Giles is precisely az discrimi
mating, non.uniform, preferential an,
disastrous % II the same eight rate
were made over one railway. Thi
statement defies reiuistion, but it is
comprehensive view which the clam
orig general public, who are no. ioi
wsrdeTs or travellers SIS q rule, do nc